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Tampa FL Products Liability Law Blog

Product liability claim after personal injury by shattered window

While numerous car manufacturers have been featured in news reports about auto defects during the past months, Florida residents may be interested in a lawsuit pending in another state against a car dealership and the Chrysler Group. The suit was filed by a man who claims that the dealership sold him a minivan that had a defective window. The plaintiff also claims that the manufacturer bears responsibility for supplying the dealer with the defective vehicle that caused severe personal injury.

The lawsuit asserts that the plaintiff purchased the minivan from the car dealer in 2006. The man claims that, in July 2012, he opened the tailgate of the minivan to place groceries in the car. He alleges he put his hand up to hold the tailgate in position and prevent it from hitting him on his head, but the tailgate’s window shattered and slashed his thumb and his right hand. He claims that the tendons in his hand were damaged and required extensive surgery.

Recalled scented candles may ignite and cause personal injury

Florida consumers may be interested in the recently announced recall of a product that has been identified by the Consumer Product Safety Commission (CPSC) as dangerous. In addition to a potential personal injury hazard, it also presents a property damage risk. The CPSC recalled approximately 126,000 scented candles that are presented in 4-ounce metal containers.

The distributor of the candles is CoScentrix, and the products are branded DD. The recall follows three incident reports that were received by CoScentrix. Two of those involved personal injury, while another resulted in property damage. The containers holding the wax are lined with a polymer coating, and it was found that, when lit, the candle flame burns high enough to cause the wax surface and the lining of polymer to ignite.

Plastic bits in chicken nuggets may lead to personal injury

Manufacturers of food products are required to maintain hygienic facilities and packing plants that meet the standards prescribed by authorities such as the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS). Disregarding the prescribed criteria may lead to consumers suffering personal injury. For their own safety, Florida consumers are urged to stay up-to-date about food products that have been recalled.

A recent recall that may affect consumers nationwide was announced by Perdue after it received several complaints from consumers who found small plastic particles in its Applegate Naturals Chicken Nuggets. Although no injuries or illness related to ingestion of the bits of plastic have been reported, consumers are urged to discard any packages that indicate that it should be used by February 5, 2015. The FSIS expressed concern about the fact that the frozen product may be overlooked by consumers who have stored it in their deep freezers.

Another magnetic toy recalled after personal injury reports

Florida consumers may want to heed the warning that follows up on our blog post about dangerous magnetic cubes and balls on July 24 (Buckyballs pose personal injury threat, ex-owner to pay refunds), because a similar product has recently been recalled. The U.S. Consumer Product Safety Commission (CPSC) in cooperation with Star NetworksUSA LLC announced a recall of Magnicube Spheres and Magnicube Cubes. This follows a December 2012 CPSC request for a compulsory recall after receiving numerous reports of personal injury caused by ingestion.

The CPSC apparently started receiving reports of consumers suffering personal injury as far back as 2009. The incidents reported were mostly involving teenagers and children who ingested small objects with high-powered magnetism, and the threat of intestinal injuries is intensified if two or more such objects are ingested. Consumers are urged to remove these magnetic sets immediately from the reach of children and ensure that none of the small magnetic parts have become dislodged from the base.

Personal injury threat after botulism identified in jarred food

Many Florida consumers purchase jarred or canned food products through the web sites of manufacturers on the internet without questioning the safety of the products. It may be wise to ensure that products offered online have been approved by authorities before placing an order. Many products have recently been identified as dangerous due to potential Listeria hazards, and VR Green Farm recently recalled jarred products after an investigation by authorities into suspected cases of botulism that could cause severe personal injury.

Botulism is a toxin that may possibly be present in canned and jarred foods that were not properly processed and may be contaminated with Clostridium botulinum. Consumers who have ingested the affected foods may suffer severe illness, which could even lead to death. The company announced the voluntary recall of several products, including sauces such as pesto, tomato, grilling and pasta sauce, along with sun-dried tomatoes and a pickle mix.

Personal injury threat prompts Kawasaki Teryx4 recall

With the steady flow of automobile recalls in recent months, Florida residents may have recognized the need to take note of recall announcements to ensure their vehicles are not affected. According to a recent media report, recreational vehicles are also starting to join the long list of defective vehicles. Florida lovers of the outdoors may be interested to learn of the recent recall that was announced by Kawasaki due to the threat of personal injury that may be suffered by consumers.

Consumers who purchased the approximately 11,000 Kawasaki Teryx4 recreational vehicles that were available nationwide between 2011 and 2014 are asked to arrange free repairs with authorized dealers. The defect that led to the recall is the floorboard providing insufficient protection, as debris such as sticks can break through and cause injuries to the feet and legs of occupants. Floor board guards will be installed during the free repair service.

Mayborn USA to provide safety kit due to personal injury threat

Florida parents may agree that the well-being of their children is their number one priority. Modern technology offers us the opportunity to observe our babies even when they are asleep in a different room. However, the instruments that should ensure their safety can sometimes prove to be a personal injury hazard. Parents may want to take note of a recent recall of baby monitors that could possibly cause a baby’s strangulation.

Mayborn USA, in conjunction with the U.S. Consumer Product Safety Commission, recently announced the recall of Tommee Tippee monitors, which sense a baby’s movement or lack thereof. The company voluntarily recalled over 28,000 monitors after it was determined that the cord running between the sensor pad -- which is placed beneath the mattress -- and the monitor unit could be pulled into the crib by a baby. It was determined that the cord could become entwined around the child’s neck and cause strangulation.

Ecoato Sweet Paprika Powder recalled to prevent personal injury

The manufacturers of any products that are offered for sale to the public have a responsibility to ensure that consumers will not be harmed by using or consuming the products. If a product poses any personal injury threat, it is the duty of the manufacturers to recall it. Defects that cause injuries to consumers may result in the complete supply chain being held responsible. Florida consumers may want to take note of a recent recall that was announced by the Food and Drug Administration (FDA).

Some manufacturing companies are proactive in recalling products when defects are identified, thereby avoiding consumer injuries. However, the FDA’s mission to protect the public against dangerous products often initiates a recall. One product, Ecoato Sweet Paprika Powder, which is produced by The TJX Companies Inc., was subjected to spot tests by the FDA, and some samples were found to be contaminated with Salmonella.

Recalled products posing personal injury threats remain in use

Florida consumers may want to take note of some of the products many people still have in their homes, despite the fact that they have been recalled. The products were recalled by The U.S. Consumer Product Safety Commission (CPSC) because they pose risks of severe personal injury and, in some instances, death. It is not known whether some users are unaware of the recalls or whether they simply choose to ignore the warnings.

Many of the recalled products pose injury hazards to children and include Simplicity bassinets and cribs that have caused the deaths of more than 12 babies. The CPSC recalled Maclaren strollers after receiving reports of the exposed hinges chopping off the tips of children’s fingers, and an infant recliner called Nap Nanny, used for sleeping babies, was recalled after six infant deaths were positively connected to the product. Buckyballs and Buckycubes were recalled when it was found that children swallowing the small magnetized parts could be at risk of dying or severe intestinal injuries.

Buckyballs pose personal injury threat, ex-owner to pay refunds

Florida residents may be interested in a recent recall that was announced by the Consumer Product Safety Commission, underscoring the fact that products aimed at the adult market can also pose a potential danger to children. An unusual announcement stated that the former person in charge of a company that no longer exists will be personally responsible for paying refunds for a product that has formally been recalled. Efforts to initiate a recall started in 2012 after multiple cases of personal injury were reported.

The product was called Buckyballs, and consisted of 216 BB-sized stackable magnetic balls, with the product being aimed at the adult market. However, it was reported that about 1,700 children were treated in emergency rooms after swallowing strongly magnetic objects, including Buckyballs, from 2009 until 2011. The unusual announcement that holds the company co-owner liable came after an agreement reached in May.

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